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Analysis: ICSID tribunal concludes that Tunisia breached FET standard under customary international law, but awards only nominal damages for lost shares in local bank
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Looking Back: Merrill & Ring v. Canada tribunal found that custom had evolved to favour investors, but that no breach could arise without harm to claimant
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[Updated] EU Commission lodges state-aid investigation into Antin v. Spain ECT award, citing the CJEU’s Achmea judgment
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Looking Back: Tribunal in Georgia’s first known BIT case grappled with the ECT’s provisional application, and examined an alleged failure to comply with local law
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French Cour de cassation resurrects USD 1.6 billion award against Venezuela
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Looking Back: Tribunal in African Holding v. DRC ruled on corruption allegations, transfer of investment, and date of dispute
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French Cour de cassation allows applicants to submit new jurisdictional arguments at the annulment stage, and opens the way for a renewed review of the Schooner v. Poland award
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Analysis: Three enforcement judgments in Tatneft v. Ukraine find against the state on definition of investment and abuse of rights; award is ultimately enforced despite tribunal’s lack of jurisdiction
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Looking Back: Arbitrators in Fedax v. Venezuela gave an early interpretation of the notion of protected investment under the ICSID Convention
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Looking Back: First Sempra v. Argentina tribunal read FET standard as gap-filler in the context of investment protection; award was later set aside
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Looking Back: In Enron v. Argentina, arbitrators discussed police powers and necessity exception in times of economic crisis
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US Court weighs in on arbitrator impartiality and corporate restructuring
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Analysis: In Bahgat v. Egypt, arbitrators find that a series of measures, including the claimant’s arrest and the freezing of his assets, amounted to a violation of two BITs
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Bahgat v. Egypt decisions come to light
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Two cases are discontinued at ICSID following the parties’ settlements
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Revealed: Arbitrators in Pan American Energy v. Bolivia disagreed on whether jurisdictional questions could be raised under ICSID Arbitration Rule 41(5) but found that, in any case, the investor’s claims did not manifestly lack legal merit
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Uncovered: In Bahgat v. Egypt, a unanimous tribunal upheld jurisdiction, and deemed dual national objection to be untimely – but in a separate opinion, Orrego Vicuna made clear that he disagreed with the majority’s view that dual nationals could bring claims against states whose nationality they held
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UNCITRAL tribunal finds that Egypt breached two investment treaties through criminal proceedings initiated against investor in iron ore venture
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Hungary fails to annul award in favour of French investor at ICSID
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After Spain award is trimmed down by €11 million, annulment committee declines request to stay its enforcement
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In new award, arbitrators uphold jurisdiction over BIT claim against Argentina, finding that the claimant has made a prima facie case that the respondent’s failure to pay monies under contract amounts to a treaty violation
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Looking Back: Joy Mining v. Egypt tribunal declined jurisdiction over dispute on numerous accounts
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Libya Round-up: new investment treaty claims, new rulings, and updates on arbitrator appointments
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Analysis: French Appeals Court refuses to set aside Ryan & Schooner v. Poland award, seeing no reason to overturn tribunal’s reading of BIT’s tax carve-out and its handling of FET & discrimination claims
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